Designing Mass-Based Program Regulatory Language Under EPA's Clean Power Plan

MJB&A, in conjunction with Gary S. Guzy of Covington and Burling LLP, has developed regulatory language as a starting point for the design of a mass-based compliance approach under EPA’s Clean Power Plan.  This document is designed to highlight key components of a mass-based compliance approach and to provide states an easily adoptable model regulatory framework.  As stakeholder discussions continue, EPA finalizes the rule, and states consider compliance options, we would welcome feedback and suggested amendments. We will look to update this set of resources to provide a regulatory framework that reflects the final rule’s requirements.